Iowa Code 144C.10 – Effect of declaration
Current as of: 2024 | Check for updates
|
Other versions
1. The designee designated in a declaration shall have the sole discretion pursuant to the declaration to determine what final disposition of the declarant‘s remains and ceremonies to be performed after the declarant’s death are reasonable under the circumstances.
Terms Used In Iowa Code 144C.10
- Ceremony: means a formal act or set of formal acts established by custom or authority to commemorate a decedent. See Iowa Code 144C.2
- Declarant: means a competent adult who executes a declaration pursuant to this chapter. See Iowa Code 144C.2
- Declaration: means a written instrument that is executed by a declarant in accordance with the requirements of this chapter, and that names a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant's remains and the ceremonies planned after the declarant's death. See Iowa Code 144C.2
- Designee: means a competent adult designated under a declaration who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant's remains and the ceremonies planned after the declarant's death. See Iowa Code 144C.2
- Donee: The recipient of a gift.
- Final disposition: means the burial, interment, cremation, removal from the state, or other disposition of remains. See Iowa Code 144C.2
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means a natural person. See Iowa Code 154A.1
- Reasonable under the circumstances: means consideration of what is appropriate in relation to the declarant's finances, cultural or family customs, and religious or spiritual beliefs. See Iowa Code 144C.2
- Remains: means the body or cremated remains of a decedent. See Iowa Code 144C.2
2. The most recent declaration executed by a declarant shall control.
3. This chapter does not prohibit a person from conducting a separate ceremony to commemorate a declarant, at the person’s expense, to assist in the bereavement process.
4. The rights of a donee created by an anatomical gift pursuant to chapter 142C are superior to the authority of a designee under a declaration executed pursuant to this chapter.